HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9142304Fort Collins
Date: 04/24/2014
Vendor: 125038
H & H DATA SERVICES INC
1310 W EBSTER AVE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9142304 1of3
This number must appear
on all invoices, packing
slips and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 04/24/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
H&H Proposal#1309011-N 1 LOT LS 4,140.64
SENIOR CENTER REMODEL PROJ.
City IT Contact: Scott Wilson
2 H&H Proposal#1309011-Q 1 LOT LS 1,640.79
SENIOR CENTER REMODEL PROJ.
City IT Contact: Scott Wilson
3 H&H Proposal#1309011-P 1 LOT LS 1,488.97
SENIOR CENTER REMODEL PROJ.
City IT Contact: Scott Wilson
4 H&H Proposal#1309011-R 1 LOT LS 8,369.74
SENIOR CENTER REMODEL PROJ.
City IT Contact: Scott Wilson
For PO Lines 1 thru 4:
Terms and Conditions per Services Agreement awarded per
City of Fort Collins Bid# 7007-Cabling Installation.
Specific projects authorized per Work Order# 130901-N P,Q,R dated 04/18/14.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com
PO Number Page
9142304 20f3
This number must appear
on all invoices, packing
sli s and labels.
14
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terror and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt form stole and local Uses. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Interval Revenue, Drove, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 ho.
Goods Rejected. GOODS REJECTED due to failure to meet spxvificatims, either when shipped or due to defects of
damage or o- ndt may be rtmmcl to you for credit and are not to be replaced except upon receipt of written
instructions from the City of ran CoII am.
Inspection. GOODS are subject m the City of Pon Collins inspection on arrived.
Final Acceptance. Receipt of the merchandise, srn or equipment in response to this order can result in
authorized payment on the pan of the City of Fon Collins. However, it u to be umtcrstood that FINAL
ACCEPTANCE is dependent upon completion oFall applicable required Inspactinn pacedures.
Freight Terms. Shipments mast be F.O.B., City of Pon Collins, Too Wood St., Fort Collins, CO 80533, unless
otherwise specified on this order. If pmanisvion k given to prepay freight and charge separri the original freight
bill must accompany introduce, Additional charges for packing will tat be accepted.
Shipment Distance. Where manufacturers have distributing points in vannow, pans of the country, shipment is
expemed from the rarest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made form greater distance.
11. NON WAIVER.
Failure Of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to
any rights or remedes provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of ncc woman[;,; or obligations of this ,.chase order and shall not bea deemed is waiver of any right of the
purchaser I. insist upon strict performance heref or any of its rights or remedies as to any such goods, regardless
trial ... i Aipped, received or accepted, or to any prior or mintage., default hereunder, nor.hail any purported
oral modification or rescission of this pumh ow order by the Purchaser Operate as a waiver of any of the terms
hereof.
11 ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser ..,I. ohm in actual eco omic practice, ovges ercharresulting farm .';must
faca violations are in t brae by the Purchaser. Theretoforenfor goad cause and as comidemtion for executing this
,.chase ome, the Sella hereby assigns to the purchaser any and all claims it may now have or hemafr,
acquired under federal or state antitrust laws for such ovachargw relating to the particular goods or services
purchased or acquired by are P.chaser pursuant to this Proxima, Order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser dirs. Ne Seller to correct nonconforming or defective grad by a data to be agreed upon by the
Purchaser and the Seller, and the Seller thermfler indicates its inability or unwillingness to comply. the Purchaser
may cause the work . be performed by the most expedam. means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall Factor at sellers sole cost all necessary permits, certificates and himmems required by all
applicable laws, regulations, ordinances and ales of the stem, municipality. territory or political subdivision where
the wort: is performed, or required by any Other duly constituted public authority having jurisdiction over the work
of vend.. Seller further agreo . hold Ne City of Tom Collins hamtless Gum and against all liability and loss
incurred by Nam by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and memo mmts.
Authnvaion. All panics to this contract agree that the representatives are, in fact, bona Ode and possess full and
complete authority to bind said partite.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mrmm and conditions shted
herein set form and any supplementary or additional terms and conditions annexed hereto or incoryomred herein by
rekreace. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date. noted. lime is of the comove. Delivery and perfomnnce must be effected within the time
stated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition mother legal and equitable remedies, the option Of placing this order elsewhere
and held,., the Seller liable for danm,es. Ihowever, the Seller shall not be liable far dmw,cs Or a result of delays
due to muses not reasonably Foreseeable which an beyond its reasonable control and without its fault of negligence,
such acts ofGOd, acts ofcivil or military authorities, gevemmernal priorities, Gres, strikes, flood, epidemics, wars or
rims provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Sd let first received knowledge them+[ In the event of any such delay, the are of delivery shall be
extm&,I for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, ranches, materials and work covered by this order will conform with applicable
drawings, specifications, samples aaker other descoipticas given, will be fit for the purposes intended, end
performed with the highest degree of care and competence in accordance with accepted standard for work of a
-similar nature. The Seller agrees to hold the purchaser harmless from any loss, larim, Or expense which the
Purchaser may mother or incur on account Of lh, Sellers breach ol'wnmny. nThe Seller shall replace, repait or make
good, without cast o the purchaser, any defects or faults arising within one (1) year Or within such longer period of
time as may be prescribed by law or by the tears of any applicable immunity provided by the Seller after me date of
acceptance of the goad furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials frished by the Seller. Acceptance or use of goods by the Purchaser shall not
onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately camel by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no even include lass Of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by written change Order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may tote any changes to the rams, other than legal tars, including additions to or deletions farm
the quantities originally ordered in the spmiGcaYons or drawings, by verbal or written change order. If my such
change affecs the amount due or the time OfperfOlm om hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the
goad then not shipped, subject to my equitable adjustment between the From as to my work or anitua h then in
progrezr pmvidd that the Purehaxr shall not M liable for any claims for anticipated probes on the uncompleted
Forcing of the goods exa for work, for incidental or consequential damages, and that no such adjustment be made is
favor of me Seller with respect to any goods which ere the Sellers standard clock. No such mmdtarion shall relieve
the Prouchishar or the Seller of any ofthei, obligmon. as as any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for Mjusrmmr must be asserted within thirty, (30) days faro the date the change or minvarr ver is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrens that all goad sold hemunder shall have been produced, said, delivered and famished in strict
compliance with all applicable laws and regulations to which Ne,nod arc subject. The Seller ahrl execute and
deliver such documents as may be required to efflat or evidence compliance. All laws and ambitious required to be,
incorporated in agreements of this character are hereby incormahad herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchasar or a result of the
Sellers 0ilure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder widual On,
prior written consent of the other party.
10. TITLE.
The Seller warns full, clear and unrestricted title to the Purchaser for all equipment, materials, and items promised
in performance of this agreement, free and clew of my and all liens, motictirns, reservations, security interest
encumbrances and claims of others.
The Seller shall releam Or purchaser and its emmmebrs of any tier from ell liability and claims of my mturc
resulting form are performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
amounts, Officers and employees ofruch putty.
The Sellers roatfdetual obligations, including wrmanty, shall not he deemed to be reduced, in any way, Execute
such work is performed or caused in be performed by the Purchaser.
14. PATENTS.
Whatever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser frown any and at I claims for infringement
by reason of are use of such potential design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any amr, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof Or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipmmt or pan is enjoined, the Seller shall, m its own expense and at its option, either pmohre for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
nes inGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shot[ become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser wihaut Iiabiliry.
16, GOVERNING LAW.
The definitions of terms used or the numpretatin ofthe agreement and the rights oral ponies hereunder slll be
con tared under and govemed by the laws of the State Of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services cf Sellers Repasera iech), on the premises ef.arm.
13. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident destruction or injury to the work andor materials before Sellers firUl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fmished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same ar me it, and become ou,sho ible therefor as though such materials maker equipment
were being furnished by me Seller coder the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to as employees employed on or in connection with the work covered by this purchase order,
and/or to their dependent, in mcordance with the laws of the shoe in which the work is to be done. The Seller
shall also carry comprehensive general Liability including, but mat limited to, comracaal and mutrmobib public
liability imurreoce with bodily injury and death limits of at lezm S300,000 for any one person, S500,00o for my
now avoid,. and property damage limit per accident of S400,000. The Seller shall likewise begin, his
contractors, if my, to provide for such consternation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
Oat such compensation and occurrence have been provided. Such certificates shall specify the date when such
ompersation and insurance have been provided. Such certificates shall specify the date when such compensation
and bourance expires. The Seller agrees mat such comprnsarion and insurance shall be maintained until after the
entire work is mmplmed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for any had all damage, loss or injury of my kind
or nature whasoever to persons or pmpcny moved by Or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purehuer and way
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expense., whether direr or indirect, and whether W persons m property m whim the Purchaser may
be put or subject by mason of my act, actin, neglea, omission or default on the Iran of the Seller, cony of his
ontmcto, or my of the Sellers or murrxmrs officers, agents or employees. In case my suit at other
proceedings shall be, brought against me Purchaser, or in officers, egrets or employees at any time on mmunt or
by ream of any act action, neglect omission or default of the Seller of my of his contactors or my of its or
their officers, agents or employees res aforesaid, the Seller hereby agree to assume the defame Exact and to
defend me sane at the Sellers own expense,. pay any and all cuss, charges, muctim s fees end outer expenses,
any and all Tantrums, that may be incurred by or obtained ageimr me Purchaser or any of its or their olEcer ,
agents or employees in such suits or other poceedings, and in rose judgment or Other Jim be placed upon or
obtained a,ai.t Ne property afthe Purchaser, or said pries in or as a result of such was or other pacearks ,
me Seller will al rice cause the same as be dissolved and discharged by giving bond or otherwise. The Seller and
his contactors shrl take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupations] Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 03R010